Accused in CC 736/2006 on the file of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam is the revision petitioner herein. The case was taken on file on the basis of a private complaint filed by the 2nd respondent against the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act. After trial, he was found guilty and convicted and sentenced. Though appeal was filed as Crl.Appeal No.131/2009 before the Sessions Court, Ernakulam which was made over to Fourth Additional Sessions Court, Ernakulam for disposal, the learned Additional Sessions Judge allowed the appeal in part confirming the order of conviction and fine but only modified the substantive sentence. Against the same, the present revision petition has been filed. During the pendency of the case, the matter has been settled between the parties and relying on the decision reported in Damador S.Prabhu Vs.Sayed Babalal H. [JT 2010 (4) S C457] and Madhya Pradesh State Legal Services Authority Vs.Prateek Jain and Another [2014 (4) KKC 115 (SC),
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Crl.M.A.8169/2014 and 8170/2014 were allowed on cost and cost was paid today itself and permission was granted to compound and compounding is recorded. Once the compounding is recorded, then it will have the effect of deemed acquittal under Section 320(8) of Code of Criminal Procedure and that benefit must be given to the revision petitioner.
So the revision petition is allowed and the order of conviction and sentence passed by the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam in CC No.736/2006 as modified in Crl. Appeal No. 131/2009 of Ivth Additional Sessions Court, Ernakulam are set aside and the revision petition is acquitted of the charge leveled against him giving him the benefit of deemed acquittal under Section 320(8) of Code of Criminal Procedure on account of recording of the composition entered into between the parties. The revision petition is set at liberty. The bail bond executed by him will stand cancelled.
Office is directed to communicate this order to the concerned Court immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE jv